1) Upon
notification that a child who is an occupant or frequent inhabitant of a
regulated facility is reported to have a confirmed blood lead level that would
necessitate an environmental investigation, a representative of the Department
or a delegate agency is authorized to inspect any regulated facility for the
purpose of determining the source of lead poisoning. In the following cases,
an environmental investigation and follow-up shall be conducted by the
Department or delegate agency:

A) If a
child has a confirmed blood lead level at or above 20 mcg/dL;

B) If a
child has three successive confirmed blood lead levels of 15- 19 mcg/dL with no
time requirement between tests;

C) If a
child has a single confirmed blood lead level at or above 10 mcg/dL and the
child's physician requests an investigation to determine whether the child
should be removed from the regulated facility because of the lead hazard;

D) If a
child less than three years of age has a single confirmed blood lead level at
or above 10 mcg/dL; or

E) If
mitigation notices are issued for two or more dwelling units in a building
within a five year time period, the Department may inspect common areas in the
building and shall inspect units where children under the age of 6 reside, at
the request of a parent or guardian of the child, or a pregnant woman resides,
at the pregnant woman's request.

2) An
investigation of a regulated facility to determine the source of lead poisoning
as required by this Section shall be conducted using procedures and guidance
outlined in this Section and the documented methodologies specified in Section
845.15, and shall consist of at least the following:

A) An
interview with the owner or occupant about dwelling or facility use patterns
and potential lead hazards, including inquiries regarding:

i) Improperly
glazed pottery;

ii) Ethnic
or folk medicines;

iii) Hobbies
and occupation;

iv) Other
dwellings;

v) International
travel; and

vi) Recent
renovations;

B) A
visual assessment of the condition of the building, appurtenant structures and
painted surfaces; and

C) Environmental
sampling of deteriorated paint and dust based upon subsection (a)(4) of this
Section.

3) Sampling
shall be conducted by at least one of the following methods or a combination
thereof:

A) X-Ray
fluorescence (XRF) testing. XRF equipment shall be operated in accordance with
work practice standards incorporated in Section 845.15 and the manufacturer's
operational manual. Surfaces sampled with XRF readings equal to or greater
than the levels specified in Section 845.205 are considered to be lead bearing
substances.

B) Dust
wipe sampling. Dust wipe samples shall be collected in accordance with
documented methodologies specified in Section 845.15. Dust samples collected
with laboratory analysis reported as equal to or greater than the levels
specified in Section 845.205 are considered elevated and are considered lead
hazards.

C) Paint
chip sampling. Paint chip samples shall be collected in accordance with
documented methodologies specified in Section 845.15. Surfaces where paint
chip samples are collected with analysis reported as equal to or greater than
the levels specified in Section 845.205 are considered to be lead bearing
substances.

D) Soil
sampling. Soil samples are discretionary based on the visual assessment. If
collected, soil samples shall be collected in accordance with documented
methodologies specified in Section 845.15. Soil samples with laboratory
analysis reported as equal to or greater than the levels specified in Section
845.205 are considered elevated.

E) Water
sampling. Water samples are discretionary. If collected, water samples shall
be collected in accordance with documented methodologies specified in Section
845.15. Water samples with laboratory analysis reported as equal to or greater
than the levels specified in Section 845.205 are considered elevated.

4) All
environmental samples, excluding XRF sampling, shall be submitted to and
analyzed by an accredited laboratory, as defined in Section 845.20.

5) Following
an investigation, the Department or its delegate agency shall:

A) Prepare
an investigation report that shall:

i) State
the address of the regulated facility;

ii) Describe
the scope of the investigation, the investigation procedures used, and the
method of ascertaining the existence of a lead bearing substance in the regulated
facility;

iii) State
whether any lead bearing substances were found in the regulated facility;

iv) Describe
the nature, extent, and location of any lead bearing substance that is found;

v) State
either that a lead hazard does exist or that a lead hazard does not exist. If
a determination is made that a lead hazard does exist, the report shall
describe the source, nature and location of the lead hazard. The existence of
intact lead paint does not alone constitute a lead hazard for the purposes of
this Section; and

vi) Give
the name of the person who conducted the investigation and the person to
contact for further information regarding the investigation and the
requirements of this Part and the Act.

B) Provide
a copy of the investigation report to the property owner and to the occupants of
the regulated facility. If a lead bearing substance is found, the
Department or its delegate agency shall attach a brochure containing
information on lead abatement and mitigation to the copy of the investigation
report provided to the property owner and the occupants of the regulated
facility.

C) If
the investigation report identifies a lead hazard, the Department or delegate
agency shall serve a mitigation notice on the property owner stating that the
owner is required to mitigate the lead hazard. The mitigation notice shall
indicate the time period in which the owner must complete the mitigation as
required by this Section, and shall include information describing
mitigation activities that meet the requirements of this Part and the Act.
Whenever a mitigation notice is issued pursuant to Section 9 or Section 9.2
of the Act, the Department shall make the owner aware of any financial
assistance programs that may be available for lead mitigation through the
federal, State or local government or a not-for-profit organization.
(Section 9.3 of the Act)

D) If the
source of the lead hazard identified in the investigation report is lead paint
or any other leaded surface coating, the lead hazard shall be deemed to have
been mitigated if:

i) The
surface identified as the source of the hazard is no longer in a condition that
produces a hazardous level of leaded chips, flakes, dust or any other form of
leaded substance that can be ingested or inhaled by humans; or

ii) The
surface identified as the source of the hazard is accessible to children and
could reasonably be chewed on by children, the surface coating is either
removed or covered, or the access to the leaded surface by children is
otherwise prevented as prescribed by the Department in this Part.

E) When
a mitigation notice is issued for a regulated facility inspected as a result of
an elevated blood lead level in a pregnant woman or a child, or if the dwelling
unit is occupied by a child under 6 years of age or a pregnant woman, the owner
shall mitigate the hazard within 30 days after receiving the notice;
otherwise, the owner shall complete the mitigation within 90 days.

F) An
owner may apply to the Department or its delegate agency for an extension of
the deadline for mitigation.

G) The
Department or its delegate agency may, after the deadline set for completion of
mitigation, conduct a follow-up inspection of any regulated facility for which
a mitigation notice was issued for the purpose of determining whether the
mitigation actions required have been completed and whether the activities have
sufficiently mitigated the lead hazard. The Department or its delegate agency
may conduct a follow-up inspection upon the request of an owner or resident. If,
upon completing the follow-up inspection, the Department or its delegate agency
finds that the lead hazard for which the mitigation notice was issued is not
mitigated, the Department or its delegate agency shall serve the owner with
notice of the deficiency and a mitigation order. The order shall indicate the
specific actions the owner must take to comply with the mitigation requirements
of the Act, which may include abatement if abatement is the sole means by which
the lead hazard can be mitigated. The order shall also include the date by
which the mitigation shall be completed. If, upon completing the follow-up
inspection, the Department or delegate agency finds that the mitigation
requirements of the Act have been satisfied, the Department or delegate agency
shall provide the owner with a certificate of compliance stating that the
required mitigation has been accomplished. (Section 9 of the Act)

b) Mitigation
or Abatement of Lead Hazards in Regulated Facilities. Lead mitigation or lead
abatement activities shall not result in lead contamination of areas outside of
the abatement work area. The removal of lead bearing substances from regulated
facilities shall be conducted in a manner that will not endanger the health or
well-being of occupants and will result in the safe removal of lead bearing
substances from the work area and the safe disposal of flakes, chips, debris,
dust, and other lead bearing substances. Lead hazard repairs shall be
completed within the time specified after receipt of written notification.
Lead mitigation or lead abatement activities required by this Section may be
conducted using any or all of the procedures outlined, or as prescribed by the
Department or its delegate agency.

1) All
loose paint shall be moistened and carefully scraped from defective surfaces. These
areas shall then be covered with contact paper, cloth, canvas, or other
material that will create an intact surface for the purpose of preventing the
paint chips from falling on the floor. All debris shall be collected and
sealed in plastic bags for proper disposal.

2) Any
surfaces that have collected dust shall be cleaned by damp mopping with a
detergent and water solution or a phosphate-free, lead-dissolving detergent.

3) A
mitigation plan shall be submitted by the owner or its agent to the Department
or delegate agency, specifying the method or methods by which surfaces that
will be managed in place are to be maintained in an intact condition. The plan
shall include an inspection schedule that includes inspection by the owner or
its agent at least annually, and a maintenance schedule. Any surfaces that are
not intact, as determined through an inspection, shall be repaired using the
mitigation techniques specified in this Section.

4) Alternative
Procedures

A) The
Department or delegate agency may allow an alternative procedure for lead
abatement, lead mitigation, containment or cleanup of a lead paint hazard,
provided that the owner submits to the Department or delegate agency a written
description of the alternative procedure that demonstrates to the satisfaction
of the Department or delegate agency that the proposed alternative procedure
provides a level of abatement and safety at least equivalent to the
requirements of this Section.

B) In all
cases in which the Department or delegate agency allows the use of an
alternative procedure, the owner and occupant shall, for a one-year period
after completion of the lead abatement or lead mitigation project, permit the
Department or delegate agency to enter and inspect the area of abatement for
the purpose of determining the effectiveness and durability of the allowed
alternative procedure.

c) Regulated
Facilities Not Requiring Abatement or Mitigation. Notwithstanding any other
provision of this Part, abatement or mitigation is not required when the
property owner enters into a stipulation with the Department that will protect
children from exposure to lead bearing substances. The stipulation shall be by
written agreement, and shall provide that any violation of the agreement shall
cause the immediate issuance of a mitigation or abatement order. Examples of
conditions that may be included in a stipulation entered into by the property
owners and the Department are as follows: